LEGAL PROFESSION IN INDIA: CONCEPTUALIZING THE PRINCIPLES OF ETHICS WITH A BRIEF HISTORY OF THE PROFESSION AND THE MODERN DEVELOPMENTS.
“The practice of law, In its Nature is the Noblest, And Most Beneficial to Mankind In its abuse and abasement Of most sordid Kind.”
- Lord Bolingbroke
Legal Profession has its roots established under the British rule in India. It all started from concept of “Vakils” who worked under the Hindu and Muslim Law to the modern concept of lawyers in India. Legal profession is one such profession which can change the fate of any nation and from being a mediocre and low prestige profession, it has grown in leaps and bounds throughout the history and now has carved out a niche for itself. The legal profession
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In V.C. Rangadurai v D. Gopalan Justice Sen observed that the relationship between advocate and his client is personal involving a highest personal trust and confidence. Advocate should not be considered as agent or servant of his client. He is more than that . There are certain cases in Indian legal history which made Bar to make rules for the advocate in respect towards his client one of such cases would be. Harish Chand Singh v S.N. Tripathi in which a senior advocate appointed his junior as the Mukhtars in consolidation case. He further misguided his junior and tried to dispose of the complainant’s property in the name of his father. When matter was brought before the court the court held the senior advocate guilty of his professional misconduct and further was suspended from his practice for two years. Therefore some of the duty of the advocate towards his client are discussed as follows. He is bound to accept the brief in the competent authority mentioned in the Section 30 of the Act to the fee consistent with his standings at bar and also the nature of case rule also laid down that in special circumstances he may refuse to accept the particular brief. But in S.J.Chaudhary v State(Delhi Administration) Supreme court held that or to be more precise made it clear that if an advocate accepts the brief of the criminal case he must attend the case day to day and if he not does so he would be held liable for the breach of his professional duty. Advocate shall not withdraw from the engagements if accepted by him without sufficient cause and sufficient notice given to the client and if any fee taken by him for the same and suppose in future he withdraws from the case he is bound to refund that part of fee which he has not earned. He should not accept the brief or appear in any case if he has a reason to
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
* The assumption made by the lawyer, and for that matter, by society, that its values and demands are intrinsically a priori valid, are a matter for another interesting research, yet it diverges too much from our point.
Depending on whom you ask, profession could be defined in many different ways. The first approach to defining profession is from Catalano (2012), profession is, “A type of occupation that meets certain criteria that raise it to a level above that of an occupation” (p. 4). Catalano (2012) says that professions have a certain amount of power, have a code of ethics, and have a high intellectual level among many other things. The second approach to defining profession I found was from Morris Cogan. Cogan (1955) believes that there is no definition to profession. He says that you can go to multiple dictionaries and none of them will be identical. “To define profession is to invite controversy” (Cogan, 1955, p. 105). The third and final approach
In conclusion as we strive to stay current in this rapid changing and demanding legal field, we need to maintain focus on what is at stake here, the quality of service we demand from lawyers and their agents. Clients deserve to be assisted by the people who know their profession and so, we must be in favor of the legislative movement of the control of the paralegal profession.
Additionally, like I mentioned in the beginning, in terms of beneficence, its principle stipulates that ethical theories should strive to achieve the greatest amount of good because people benefit from the most good. In respect for autonomy an ethical theory should allow people to reign over themselves and to be able to make decisions that apply to their lives. This means that people should have control over their lives as much as possible because they are the only people who completely understand their chosen type of lifestyle. The justice ethical principle states that ethical theories should prescribe actions that are fair to those involved. Due to this, code of ethics were put in place for the well being of these professionals and their clients so that in all act on each party’s behalf there will be some sort of
In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.
The paralegal industry has changed over the last thirty years, and according to Kane, “Is one of the fastest-growing professions on the globe”. There is a predicted growth rate of 28% between 2008 and
Professionals are people who have equipped themselves with the knowledge and skills in a given field. The interest of improvement of the professional identity is an evidence of how high standards are placed upon the professionals in the community (Johnson et al., 2012). Each profession creates its norms, values and scope of practice that distinguishes it from any other profession. Different legal ethics are upheld and everyone needs to work as per the stipulated ethics in the field to be part of the profession. People in the field are expected to be knowledgeable and independently use decision
The responsibilities in serving his clients may include both professional and ethical rules and codes of conduct set by the association of lawyers. For a personal injury lawyer to represent clients in court and file legal complains and legal advice to victims they must be registered under the bar of law association. . Legal ethics and standards exist for a personal injury lawyer to follow, although they vary between countries. They must
My major is Paralegal Studies and I expect to graduate with an Associates of Arts degree in December of this year. Many years ago, as an investigator for both a private company and a county agency, I was introduced to the legal field. Recently, I was awarded the opportunity to attend college, so I decided I wanted to reenter the legal profession as a paralegal. The paralegal profession appeals to me, because I enjoy the processes of developing a case, as well as its legal aspects. A paralegal is involved in a case from the beginning to the end; from the initial client interview to assisting the attorney during the client’s trial or the settlement process. My goal is to become a paralegal for a solo practitioner or a small firm in my local area who represent clients in different areas of the law.
If they choose not to do their jobs by the ethical standards, they will either be disbarred or charged criminally. The decisions of the attorneys often influence their clients so it is very important that they figure out how to balance the needs and problems associated with each client to the ethical standards of the criminal justice system
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
Solicitors also represent their clients in court, mostly the lower courts; but some have advocac... ... middle of paper ... ...to prepare the case and follow it through to the end. Good work has often been done by solicitors, only to see the case badly argued by a barrister in court. This is because he is too remote from the issues and often does not come into the case until the last moment. NOTE:
Career as a lawyer is very respectful as they serve to maintain the law and order. They are responsible for providing justice to the innocent and punishment to the offenders. Career as Lawyer on one side is challenging and risky but on the other side, it is prestigious and honorable as well.
The judge also has the final authority to pronounce contempt of court in case of breach of discipline. In a civilized society, the court system is in vogue for the sake of justice. The judiciary is considered to be one of the four main pillars of democracy. In the present play, Vijay Tendulkar chooses a term of judicial register as the title of his play to make a powerful comment on a society with a heavy patriarchal bias that makes justice impossible and that converts the august judicial system into an instrument of oppression of women and the vulnerable. Ideally, justice can be provided only if the judge and the judicial system are objectively detached.